Welcome to E-gamesStore Application. These are the terms and conditions governing your access to, and use of E-gamesStore’s application and its related sites, services and tools (referred to as the ”Application” or "Site"). By accepting these terms and conditions (including any linked information herein), and by using the website, you agree to comply with these terms and conditions with E-gamesStore (referred to as "we", "us" or "E-gamesStore") in relation to your use of the Application referred further to as the "User Agreement". This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access or register with this Application.
2. Eligibility for Membership
E-gamesStore wishes to ensure that its members are able to form legally binding contracts and that minors do not purchase unsuitable content. Therefore membership of the Aplplication or Website is not available to persons under the age of 18 years. You certify that you are 18 years of age or above before you become a member of the Application. Without prejudice to any other rights and remedies of E-gamesStore under this User Agreement or at law, E-gamesStore reserves the right to limit or withdraw access to the Application or the membership of any person if E-gamesStore believes that the person is under the age of 18 years-old. The Application is not available to persons whose membership has been suspended or withdrawn by E-gamesStore. Further, if you are registering as a business entity, you certify that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws related to online trading.
3. Your Account and Registration Obligations
When you register as a member of the Application, you have been or will be required to provide certain personal information and register a username and password for use on this Application.
On becoming a member of this Application, you agree that:
You are responsible for maintaining the confidentiality of, and restricting access to, and use of your account and password, and accept responsibility for all activities that occur under your account and password.
You agree to immediately notify E-gamesStore of any unauthorized use of your password or account or any other breach of security. In no event will E-gamesStore be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person's account at any time, without the expressed permission of the account holder.
You agree to reimburse E-gamesStore for any improper, unauthorized or illegal use of your account by you or by any person obtaining access to the Application, services or otherwise by using your designated username and password, whether or not you authorized such access.
You will provide true, accurate, current and complete information about yourself as prompted by E-gamesStore's registration form (the "Registration Data”).
You will maintain and promptly update the Registration Data to keep it accurate, updated, true and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if E-gamesStore has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of E-gamesStore under this User Agreement or at law, E-gamesStore has the right to indefinitely suspend, limit or withdraw your access and/or your membership to the Application.
E-gamesStore may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person's authority to act on your behalf. You agree to provide any information and/or documentation to E-gamesStore upon such requests. You acknowledge and agree that if you do not provide requested documentation, E-gamesStore without liability may limit, suspend or withdraw your access and/or membership to the Application. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.
4. Electronic Communications
You agree that we may communicate with you by email or by posting notices on the Application. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. E-gamesStore requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Application. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email "Unsubscribe".
5. Amendments to this User Agreement
You acknowledge and agree that E-gamesStore shall endeavor to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement ("Substantial Amendment") in accordance with the terms of this User Agreement. You acknowledge and agree that E-gamesStore at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Application.
6. Fees and Services
E-gamesStore is not an auction house nor a bank, and does not offer auction or banking services. The Application is an online platform allowing for the sale and purchase of items between end-user sellers and buyers.
Membership on the Application is free. E-gamesStore does not charge any fee for browsing.
E-gamesStore may have to change prices for promotional events, when introducing newest edition of articles and even for existing articles the price is subject to changes.Such changes in prices are effective at the time it is adjusted in the Application and it will be visible when placing an order and/or when checking out if the articles was already placed in the basket before the price was changed.
Unless otherwise stated, all fees shall be quoted in Kuwaiti Dinars only. You must pay all fees payable to E-gamesStore (and any applicable charges) using the various payment methods offered on the Application.
7. Use of the Application
By accepting the Terms and Conditions you confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times.
You agree that in using the Application you will not:
1. Use the Application in any way that causes, or is likely to cause the Application or access to the Application to be interrupted, damaged, or impaired in any way.
2. Use the Application for criminal, fraudulent or illegal activity or in any manner which would cause harm or distress to any third party.
3. We reserve the right to suspend, restrict or terminate your access to the Application at any time without notice if we have reasonable grounds to believe that you have breached any of these restrictions or if we suspect fraudulent account activity or behavior. This shall not limit our right to take any other action against you that we consider appropriate.
All content included on the Application, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either E-gamesStore, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Application is the exclusive property and copyright of E-gamesStore and is protected by copyright, trademarks, patents or other intellectual property rights and laws.
"E-gamesStore" and related logo, and other words and logos on the Websiite are either unregistered trademarks or registered trademarks of E-gamesStore and are protected by international trademark and other intellectual property rights and laws. E-gamesStore's trademarks may not be used in connection with any product or service that is not E-gamesStore's nor in any manner that disparages or discredits E-gamesStore. All other trademarks not owned by E-gamesStore that appear on the Application are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by E-gamesStore.
10. Abusing E-gamesStore
Please report problems of any kind or violations of this User Agreement to E-gamesStore. If you believe that your intellectual property rights have been violated, please notify E-gamesStore. Without prejudice to any other rights and remedies of E-gamesStore under this User Agreement or at law, E-gamesStore may limit, suspend or withdraw a user's access to the Application and/or a user's membership of the Application. Also E-gamesStore can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.
11. Buyer Protection
E-gamesStore has a "Buyer Protection Policy" which seeks to assist buyers to ensure their purchase is protected against fraud. If a buyer has purchased an item and paid using one of thepayment methods offered on the Application and never received it or received an item worth significantly less in value compared to what was described by E-gamesStore. The buyer needs to contactE-gamesStore within 48 hours of receiving (or not receiving) the relevant item. E-gamesStore will investigate the matter and if it has been determined (by E-gamesStore in its sole discretion) that a mistake has occurred, E-gamesStorewill reimbursed the buyer or replace the item.
Returned Items :
1. Return item due to E-gamesStore fault (Item is not as described – item defective - incomplete ... etc.)
A. If the buyer claimed within 2 Days of the date of delivery:
1/Inform E-gamesStore by email or Contact us on whatsapp +965 99454974 and request for a return date and confirm on the pickup location. You will be then given a time at which one of our delivery team member will pick the package from you.
2/Your return will be processed promptly upon arrival, and we will send you a confirmation by email.
3/Once received, return packages are processed within 24 hours. The time to post a credit to your account can vary and is determined by the issuing bank. Please contact the issuing bank for details.
When an exchange is requested, it is completed in two steps:
1. A store credit is issued for the item(s) returned.
2. A new order is processed for the item(s) requested in exchange.
B. If the buyer claimed after the 2 Days of the date of delivery:
1/Buyer pays the delivery cost again (*Only if returned is approved),
2/ Return item due to Buyer's Fault (*Item in the original state & condition when purchased and received only), if not,E-gamesStore do not accept to return or exchange products due to hygienic reasons.
12. Platform for Communication
1. E-gamesStore is not responsible for unsatisfactory or delayed performance, losses, damages or delays as a result of items which are unavailable.
2. E-gamesStore accepts no liability for any errors or omissions on behalf of third parties.
3. E-gamesStore excludes all implied warranties, terms and conditions and is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising directly or indirectly, out of your use of or your inability to use the Application.
14. Breach of User Agreement
Without prejudice to any other rights and remedies of E-gamesStore under this User Agreement or other legal law, E-gamesStore may immediately and without liability limit your activity, limit or withdraw your membership,
and/or limit or withdraw your access to the Application:
If you breach this User Agreement;
If E-gamesStore is unable to verify or authenticate any information you provide; or
If E-gamesStore believes (in its sole discretion) that your actions may cause legal liability for you, other users or E-gamesStore.
E-gamesStore may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with E-gamesStore or use the Application in any manner whatsoever until such time that such user is reinstated by E-gamesStore. Notwithstanding the foregoing, if you breach this User Agreement E-gamesStore reserves the right to recover any amounts due and owing by you to E-gamesStore or any losses and damages caused by you to E-gamesStore and to take such steps including legal action and/or the initiation of criminal proceedings against you as E-gamesStore in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of E-gamesStore's right to take any actions with respect to that, or subsequent or similar breaches. E-gamesStore does not guarantee that it will take action against all breaches that there may be of this User Agreement.
15. Withdrawal of Access and/or Membership
Without prejudice to any other rights and remedies of E-gamesStore under this User Agreement or at law or otherwise, E-gamesStore may limit, suspend or withdraw your membership and / or your access to the Application at any time, without notice, for any reason, including without limitation, breach of this User Agreement.
16. No Warranty
E-gamesStore provides the Application and its services on an "as is" and "as available" basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement. E-gamesStore makes no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or through the use of the Application or that the operation of the Application will be error free and/or uninterrupted. E-gamesStore makes no warranty that defects will be corrected or that the Application or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that this Application may be susceptible to data corruption, interception, non-availability and delays. The Application may also be unavailable from time to time due to repairs, maintenance or development work. You agree that E-gamesStore has no obligation to provide support for the Application. You expressly agree that you use the Application at your own risk.
17. Limitation of Liabilities
To the extent permitted by law, E-gamesStore, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Application, its services or this User Agreement (however arising, including negligence or otherwise and whether or not E-gamesStore has been advised of the possibility of such losses or damages).
If you are dissatisfied with the Application or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorized use of the Application and its services as a result of your negligent act or omission would result in irreparable injury to E-gamesStore and,E-gamesStore shall treat any such unauthorized use as subject to the terms and conditions of this User Agreement.
You agree to indemnify and hold E-gamesStore and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
19. Relationship and Notice
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and E-gamesStore and you shall have no authority to bind E-gamesStore in any manner whatsoever.
If any dispute, claim, controversy or arises the parties shall first attempt amicably to settle the Dispute through good-faith negotiations over a period of seven (7) calendar days commencing on the date that a party first sends to the other party a written notice of the Dispute.
If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and E-gamesStore with respect to the subject matter hereof.
No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than Arabic, whether on the Application or otherwise, the Arabic text shall prevail.
22. Governing Law
This User Agreement is governed by, and construed in accordance with, Kuwait law. This clause will survive any expiry or cancellation of this User Agreement for any reason.